Subject to Your compliance with the terms and conditions of this Agreement, MarketLeverage grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Website and Services. Except as expressly set forth herein, this Agreement grants You no rights in or to the intellectual property of MarketLeverage or any other party. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
- 3. CONSENT TO RECEIVE EMAIL
By establishing an account with MarketLeverage, You consent to receive periodic email communications from MarketLeverage concerning MarketLeverage's products and services.
The Website and all content and materials located on the Website, including without limitation, the MarketLeverage name and any logos, designs, text, graphics and other files, and the selection, arrangement and organization thereof, are the intellectual property of MarketLeverage or its licensors. Except as explicitly provided, neither Your use of the Website and Services, nor your entry into this Agreement, grant You any right, title or interest in or to any such content or materials. MarketLeverage and the MarketLeverage logo are trademarks or registered trademarks of MarketLeverage, LLC. The Website is Copyright © 2008 to the present, MarketLeverage, LLC. ALL RIGHTS ARE RESERVED.
MARKETLEVERAGE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES RELATING TO THE WEBSITE AND SERVICES. THE WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETLEVERAGE, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE WEBSITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER MARKETLEVERAGE NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER MARKETLEVERAGE NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. ADDITIONALLY, MARKETLEVERAGE HAS NOT AUTHORIZED ANYONE TO MAKE ANY WARRANTY OF ANY KIND ON ITS BEHALF, AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT BY ANY THIRD PARTY.
- 6. GOVERNING LAW; JURISDICTION AND VENUE; INTERPRETATION
This Agreement, including without limitation its construction and enforcement, shall be treated as though it were executed and performed in Kansas City, Missouri, and shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of law principles. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER IT AROSE OR BE FOREVER WAIVED AND BARRED. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE WEBSITE WILL BE THE STATE AND FEDERAL COURTS IN PLATTE COUNTY, MISSOURI. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
Last Updated: 4/16/08